Title 135 WAC — Conservation Commission

Chapter 135-04 Establishment of meeting dates.

Wash. Admin. Code § 135-04-010 Purpose.

The purpose of this chapter is to provide a regular meeting date for the transaction of official business of the state conservation commission, in compliance with the Open Public Meetings Act, chapter 42.30 RCW.

History

Order 1-73, § 135-04-010, filed 11/19/73.

Wash. Admin. Code § 135-04-020 Regular meetings.

The state conservation commission, established pursuant to chapter 89.08 RCW, shall hold its regular meetings for the transaction of official business on the third Thursday of every other month, beginning in January 1974. Such regular meetings shall commence at 9:30 a.m. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day.

History

Order 1-73, § 135-04-020, filed 11/19/73.

Wash. Admin. Code § 135-04-030 Meetings open to public.

The regular meetings provided for herein shall be open to the public. All persons, so desiring, shall be permitted to attend, and no one shall be required to fulfill any condition precedent to his attendance.

History

Order 1-73, § 135-04-030, filed 11/19/73.

Chapter 135-10 Governing the use of funds.

Wash. Admin. Code § 135-10-010 Purpose.

RCW 89.08.070 authorizes the conservation commission to issue regulations establishing guidelines to govern the use by conservation districts of funds distributed to such districts by the conservation commission. The purpose of this chapter is to establish such guidelines.

History

Order 2-73, § 135-10-010, filed 11/19/73.

Wash. Admin. Code § 135-10-020 Distribution policy.

The conservation commission shall, within funds available for such purposes, distribute funds to conservation districts to carry out specific program activities identified by such districts and selected by the conservation commission as needed to accelerate the planning and implementation of resource management systems.

History

Order 2-73, § 135-10-020, filed 11/19/73.

Wash. Admin. Code § 135-10-030 Guidelines.

Funds will be distributed to conservation districts by the conservation commission only upon receipt of a properly executed grant request form and will be for uses approved by the commission and subject to fulfilling the following requirements:

(1) Wages, salaries and related benefits.

(a) Employment of district personnel shall be by action of the governing body, and shall include a contract or work agreement, a copy of which shall be filed with the Conservation Commission, Olympia, Washington.

(b) Employee slips shall be submitted monthly to the conservation district treasurer.

(2) Travel and out-of-pocket expenses.

(a) Supervisors, employees, and agents shall submit travel vouchers monthly to conservation district treasurer.

(3) Supplies.

(a) Receipts for supplies purchased shall be submitted to the conservation district treasurer.

(4) Contractual services.

(a) Authorization for contractual services shall be by action of the governing body and shall be so recorded in the conservation district's official proceedings.

(b) A copy of any contract shall be filed with the conservation commission.

History

Statutory Authority: RCW 89.08.070(5). WSR 78-08-045 (Order CC 78-1), § 135-10-030, filed 7/18/78
Order CC 77-1, § 135-10-030, filed 12/14/77
Order 2-73, § 135-10-030, filed 11/19/73.

Wash. Admin. Code § 135-10-040 Distribution categories.

The conservation commission shall distribute funds directly, on a priority basis, to conservation districts for program activities within the following categories:

(1) Long-range programs and program development

(2) Special programs

(3) District administration

(4) District elections

(5) Information and education.

History

Statutory Authority: RCW 89.08.070(5). WSR 78-08-045 (Order CC 78-1), § 135-10-040, filed 7/18/78
Order 2-73, § 135-10-040, filed 11/19/73.

Chapter 135-100 Special assessments for natural resource conservation.

Wash. Admin. Code § 135-100-010 Purpose of this rule.

It is the intent of the conservation commission to interpret and clarify RCW 89.08.400 in this rule in order to assist conservation districts and county legislative authorities in their efforts to develop and impose a system of assessments for the conservation of renewable natural resources.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-010, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-020 Definitions.

"Authorized conservation program" and "conservation program" mean the renewable resources program defined in RCW 89.08.220(7) which includes a comprehensive long-range plan and a supplemental annual work plan.

"Renewable natural resources" or "natural resources" includes land, air, water, vegetation, fish, wildlife, wild rivers, wilderness, natural beauty, scenery, and open space.

"Special benefits to lands" means tangible improvements to renewable natural resources. "Special benefits to lands" can also mean intangible improvements to renewable natural resources from conservation programs and activities, including, but not limited to, education and outreach activities and programs that result, directly or indirectly, in improvements to renewable natural resources, or other intangible benefits that accrue to lands. "Special benefits to lands" does not necessarily mean that appraised property values are improved or altered as a result of the activities and programs funded by the special assessment.

"System of assessments" means:

(1) A classification or categorization of lands according to the benefits conferred, or to be conferred, by the conservation district's authorized conservation program;

(2) An annual rate of assessment for each land classification;

(3) A total amount of assessments that will be collected from each land classification; and

(4) The duration of the assessment.

The system of assessments does not include a budget or intended allocation of funds to be derived from the special assessment.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-020, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-030 Purpose and use of assessments.

The purpose of conservation district special assessments is to help conservation districts implement their authorized conservation program, which includes a comprehensive long-range plan and a supplemental annual work plan.

Funds generated by special assessments for natural resource conservation must be used to benefit lands assessed.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-030, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-040 County has authority to impose assessment.

The county legislative authority has sole authority to impose a special assessment for natural resource conservation on lands within the conservation district and within the boundaries of the county.

When more than one conservation district occurs in a county, special assessments for natural resource conservation need not be imposed for all of the conservation districts in the county.

When one conservation district exists in more than one county, special assessments for natural resource conservation need not be imposed by all counties.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-040, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-050 System of assessments.

The conservation district develops a system of assessments that classifies all lands in the conservation district into classifications or categories according to benefits conferred, or to be conferred, through the authorized conservation program of the conservation district.

The conservation district must also classify lands which will not benefit from the authorized conservation program.

The system of assessments cannot exempt lands based on taxpayer characteristics such as age or income level.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-050, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-060 Term of assessment.

The minimum term of a special assessment for natural resource conservation is one year. The maximum term is ten years. Conservation district special assessments can be renewed subject to WAC 135-100-250. The term length must be found to adequately serve the public interest as determined by the county legislative authority as required by WAC 135-100-150.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-060, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-070 Public lands may be assessed.

Two kinds of public lands are subject to the special assessment: Lands owned by local governments, and lands owned by the state.

Public lands owned by local governmental entities are subject to the special assessment if such lands will receive special benefits from the district's authorized conservation program.

Public lands owned by state governmental entities are subject to the special assessment if such lands will receive special benefits from the district's authorized conservation program. In addition, the county legislative authority must follow the requirements described in chapter 79.44 RCW when assessing such lands. The conservation district may provide such assistance as needed for the county legislative authority to comply with chapter 79.44 RCW.

If public lands will not benefit from the conservation district's conservation program, they must be identified in the system of assessments as a class of land not receiving special benefits.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-070, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-080 Assessment rates.

Assessment rates must be based on the special benefits to be conferred to natural resources by the district's authorized conservation program.

The conservation district must determine an annual per-acre rate of assessment for each class of land. The conservation district must calculate the total amount of special assessments proposed to be collected for each class of lands.

Lands not benefited by the conservation district's conservation program must be classified separately and must not be subject to the special assessment.

For each classification of land to receive special benefits, the annual assessment rate must be either:

(1) A uniform per-acre amount; or

(2) A uniform per-acre amount plus an annual flat rate per parcel.

The uniform per-acre amount must be greater than zero cents per acre and cannot exceed ten cents per acre.

The maximum annual per-parcel rate is five dollars, except for counties with a population of over one million five hundred thousand persons where the maximum annual per-parcel rate cannot exceed ten dollars.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-080, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-090 Forest lands may be assessed at special rates.

Some forest lands, referred to as qualified forest lands, may be subject to a special rate of assessment. Qualified forest lands are parcels used only for the planting, growing, or harvesting of trees. Such lands qualify for special rates of assessment.

Forest lands used for purposes other than, or in addition to, the planting, growing, or harvesting of trees do not qualify for special rates of assessment.

For qualified forest lands, no per-parcel assessment shall be charged. In lieu of a per-parcel charge, each owner of more than one parcel of qualified forest lands may be charged up to three dollars a year if their forest lands will benefit from the conservation district's conservation program.

The per-acre rate of special assessments for qualified forest lands may not exceed one-tenth the weighted average per-acre assessment of all other assessed lands in the district. The weighted average is calculated by dividing the total assessment to be collected from all lands except qualified forest lands by the total acreage of all lands except qualified forest lands.

Only the first ten thousand acres of qualified forest lands owned by the same person or entity may be assessed. Additional acres beyond the first ten thousand acres must be identified in the system of assessments as a class of land exempt from assessment.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-090, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-100 Special notice requirements for public hearings.

RCW 89.08.400(2) imposes additional public notice requirements for special assessment public hearings. In addition to notice requirements imposed by the Open Public Meetings Act, the conservation district and county legislative authority must also comply with notice requirements for public hearings described in RCW 89.08.400(2).

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-100, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-110 Conservation district public hearing before August 1.

The supervisors of a conservation district must hold at least one public hearing on the system of assessments being proposed by the district. The hearing or hearings must occur before the first day of August in the calendar year prior to the year the proposed assessments will be collected.

Public hearings may be held as part of regular or special meetings of the conservation district board of supervisors. Such hearings must have a specified start and end time for the board to receive public comment.

The conservation district should make reasonable efforts to educate affected landowners about the costs and benefits of the special assessment well in advance of the conservation district formal public hearing(s).

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-110, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-120 Conservation district proposal and budget filed with county.

On or before the first day of August in the calendar year before the assessment will be collected, the conservation district must file the proposed system of assessments with the county legislative authority. The conservation district must also provide to the county legislative authority a proposed budget for the first year the assessment will be collected.

Filing means the county legislative authority, or its authorized representative such as the county auditor or clerk, has physically received the proposed system of assessments and the proposed budget by the close of business on or before the first day of August. Along with the proposed system of assessments and proposed budget, a copy of the resolution passed by the conservation district board of supervisors is to be provided to the county asking the county legislative authority to impose a special assessment for natural resource conservation consistent with RCW 89.08.400 and this rule.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-120, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-130 County public hearing after receiving proposal.

After the county legislative authority has received the proposed system of assessments and proposed budget from the conservation district, the county must hold at least one public hearing on the proposed system of assessments as filed by the conservation district with the county legislative authority.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-130, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-140 County may modify proposed system after public hearing.

After the county's public hearing, and before the county legislative authority takes final action on the conservation district request to impose a special assessment, the county legislative authority may modify or amend the proposed system of assessments. The conservation district may provide such assistance as needed for the county legislative authority to modify or amend the proposed system of assessments. The county legislative authority may not modify a conservation district's proposed budget or alter the intended allocation of special assessment funds.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-140, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-150 County imposes system of assessments.

To impose the proposed or modified system of assessments, the county legislative authority must find:

(1) That the proposed system will serve the public interest; and

(2) That the special benefits to lands provided by the assessment will meet or exceed the amount to be assessed.

This does not necessarily mean appraised property values are improved or altered through the authorized conservation program of the district.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-150, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-160 Conservation district may withdraw assessment.

The conservation district, through official action of the conservation district board of supervisors, may withdraw the proposed system of assessments at any time before a county legislative authority takes final action on the proposed system of assessments.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-160, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-170 Conservation district may alter assessment on parcels.

The conservation district may alter assessments on individual parcels at any time if land uses change that would affect the classification of such parcels. The conservation district must notify the county assessor of any changes that affect the classification of parcels to be assessed.

If the county assessor seeks to change the classification of individual parcels, the conservation district must approve such changes before collecting the assessment for such parcels.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-170, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-180 Conservation district prepares assessment roll.

After the county legislative authority authorizes special assessments for natural resource conservation, the conservation district must prepare an assessment roll to implement the approved system of assessments. The conservation district should seek assistance from the county assessor in preparing the assessment roll.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-180, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-190 County assessor applies assessment to tax rolls.

The county assessor will apply the classifications and rates in the conservation district's system of assessments to lands to be assessed.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-190, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-200 County treasurer collects assessments.

Special assessments will be collected by the county treasurer and accounted for with property taxes. Collection of special assessments starts in the calendar year following the county legislative authority's action approving the special assessment.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-200, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-210 County can recover actual costs.

The county treasurer may recover the actual costs incurred by the county assessor and county treasurer in spreading and collecting the special assessments. Upon request, the county treasurer must explain the basis for cost recovery charges made against the assessment.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-210, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-220 Conservation district to receive all remaining funds.

All funds collected, minus the actual cost of spreading and collecting the assessment, must be promptly transferred to the conservation district. For conservation districts that use the county treasurer as the district treasurer per RCW 89.08.215, assessment funds collected (minus actual costs) must be accounted for separately.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-220, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-230 Conservation district to inform landowners.

The conservation district should make reasonable efforts to inform landowners with lands to be assessed how their assessment was calculated.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-230, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-240 Landowners may petition the county to object.

Landowners with lands to be subject to the special assessments may object to the assessment by petitioning the county legislative authority. The petition must be signed by at least twenty percent of the owners of land that would be subject to the special assessments.

The petition must be filed with the county legislative authority on or before the close of business on the fourteenth day of December in the year the county approves the special assessment.

If a petition meeting these requirements is filed, the county may not spread or collect the assessment in the following year, and may not spread or collect the assessment until the county legislative authority acts upon the petition.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-240, filed 5/1/07, effective 6/1/07.

Wash. Admin. Code § 135-100-250 Renewal of assessment.

Renewal of a conservation district special assessment must meet the same requirements as for a newly proposed assessment.

History

Statutory Authority: RCW 89.08.040 and [89.08.]070. WSR 07-10-071, § 135-100-250, filed 5/1/07, effective 6/1/07.

Chapter 135-110 Election and replacement of conservation district supervisors.

Wash. Admin. Code § 135-110-100 Purpose and authority.

This rule provides direction for the election and replacement of conservation district supervisors in the state of Washington as authorized by RCW 89.08.190 and 89.08.200.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-100, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-110 Definitions.

"Ballot" or "official ballot" means the final, preprinted ballot containing the name of each declared, nominated candidate found eligible, and at least one line where a voter may enter the name of a write-in candidate.

"Ballot box" means a container secured against tampering into which paper ballots are placed.

"Candidate" means a person seeking the office of elected conservation district supervisor who has provided the required candidate information to the conservation district by the filing deadline and whose eligibility to run and to serve has been verified by the conservation district.

"Candidate optional information" means information provided by the candidate about their candidacy.

"Candidate required information" means the factual information a candidate must provide on the candidate information form to be eligible for election.

"Canvass" and "canvassing" means to examine carefully or scrutinize the election returns for authenticity and proper count.

"Certify" and "certification" means the canvassing of returns and the verification of substantial compliance with these procedures by the conservation commission.

"Conservation commission" means the Washington state conservation commission governing board and all deputies and representatives authorized to act on its behalf.

"Conservation commission board" and "conservation commission governing board" means the governing board of the Washington state conservation commission.

"Conservation district" means a governmental subdivision of the state of Washington organized under the provisions of chapter 89.08 RCW Conservation districts.

"Conservation district supervisors" and "district supervisors" means the governing board of a conservation district, composed of elected and appointed supervisors.

"Declared vacant" means a declaration by the conservation commission that a conservation district supervisor position is vacant.

"Double envelope balloting" means a paper balloting system consisting of an inner and an outer envelope, where a ballot is placed in an inner envelope with no personally identifying marks on it, and then the inner envelope with ballot is placed in the outer envelope upon which the voter has provided sufficient information to allow polling officers to verify the eligibility of the voter.

"Due notice" or "notice" means a notice published at least twice, with at least six days between publications, in a publication of general circulation within the affected area. If there is no such publication, a notice may be posted at a reasonable number of public places within the area where it is customary to post notices concerning county and municipal affairs. There is no requirement for publication of a legal advertisement in a newspaper of record. However, if a legal advertisement is published, a copy of the announcement as published, showing the date of publication, is sufficient proof of publication.

"Elected supervisor" means a qualified district elector:

(a) Who received more valid votes than any other candidate; and

(b) Whose election has been certified and announced by the conservation commission.

"Election supervisor" means an individual or entity appointed by conservation district supervisors to organize, coordinate, and manage tasks related to the election of conservation district supervisors. Only the conservation district board of supervisors may set election dates and appoint the election supervisor.

"Electioneering" means the act of soliciting or advocating votes for a specific candidate, or speaking for or against a specific candidate within three hundred feet of a ballot box or voting place.

"Farm and agricultural land" is defined in RCW 89.08.020 as follows: "Farm and agricultural land" means either:

(a) Land in any contiguous ownership of twenty or more acres devoted primarily to agricultural uses;

(b) Any parcel of land five acres or more, but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to one hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter; or

(c) Any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income of one thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter.

(d) Agricultural lands shall also include farm woodlots of less than twenty and more than five acres and the land on which appurtenances necessary to production, preparation or sale of the agricultural products exist in conjunction with the lands producing such products.

(e) Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands."

"Farm operator" or "operator of a farm" means a person who operates farm and agricultural land.

"Filing deadline" means four weeks before election day in the current election cycle, or, if a local filing deadline that is more than four weeks before election day is adopted by formal action of the conservation district supervisors, that adopted filing deadline.

"Full term," "regular term," and "full term of office" means a three-year term of office.

"Incumbent" means the person in present possession of the office of conservation district supervisor.

"Landowner" means a person with legal title of record to real property in the conservation district at the time of filing for election or applying for appointment.

"Mail-in election" means an election in which mail-in ballots are provided before election day to qualified voters. Voters return completed ballots to a receiving location or address authorized by the conservation district board of supervisors.

"Malfeasance" means wrongful conduct that affects, interrupts, or interferes with the performance of a supervisor's official duty.

"Mid-term" and "mid-term vacancy" means a vacancy in the office of conservation district supervisor, when such vacancy occurs before the full term of office has been fulfilled.

"Municipal officer" means all elected and appointed officers of a conservation district, together with all deputies and assistants of such an officer, and all persons exercising or undertaking to exercise any of the powers or functions of a municipal officer.

"Neglect of duty" means failure by a supervisor or supervisors to perform mandatory duties. Such duties include, but are not limited to:

(a) Compliance with laws and rules imposed by local, state, and federal government entities;

(b) Attendance at a sufficient number of board meetings so as to not impede the work of the conservation district;

(d) Securing of surety bonds for board officers and employees;

(e) Carrying out an annual financial audit;

(f) Providing for keeping current a comprehensive long-range program;

(g) Providing for preparation of an annual work plan;

(h) Providing for informing the general public, agencies, and occupiers of lands within the conservation district of conservation district plans and programs;

(i) Providing for including affected community members in regard to current and proposed plans and programs; and

(j) Providing for the submission of the conservation district's proposed long-range program and annual work plan to the conservation commission.

"Poll list" or "polling list" means a list of voters who voted in an election.

"Polling officer" means a person appointed by the election supervisor to verify voter eligibility, assure compliance with this rule in and around the polling place, issue ballots, count ballots, and verify the unofficial ballot count in writing to conservation district supervisors.

"Poll site" and "polling site" means a location where votes are collected in a ballot box.

"Poll-site election" and "walk-in election" means an election in which a voter signs in on a poll list, receives a ballot from a polling officer, enters a vote for a candidate on the ballot, and places the ballot in a ballot box at a polling place supervised or monitored by polling officers.

"Provisional ballot" or "contested ballot" means a paper ballot issued to a voter whose qualifications as a qualified district elector cannot be determined at the time the paper ballot is issued. A provisional ballot consists of two envelopes and a paper ballot.

"Qualified district elector" means a registered voter in the county where the district is located and who resides within the conservation district boundary. Qualified district elector means an individual residing within the boundary of the conservation district and registered to vote in a county where the conservation district is located.

"Remote election" means an election in which ballots are returned by some means other than for a poll-site election. A mail-in election is a type of remote election.

"Short term" or "short term of office" means a term of office less than three years in duration.

"Significant noncompliance" means the failure to follow the requirements in this rule that may affect the outcome of an election or deny voters their right of privacy in voting.

"Supervisor" means an elected or appointed board member of a local conservation district governing board, in which the governing board is referred to as the board of supervisors.

"Supervisor-elect" means a supervisor who received more valid votes than any of the other candidates running for the same position in a conservation district election, but the election has not yet been certified by the conservation commission.

"Tie" or "election tie" means an election where no candidate has received a simple majority of votes cast by qualified district electors, and two or more candidates have received the same number of votes cast by qualified district electors.

"Undeclared write-in candidate" means an individual who has not submitted required candidate information to the conservation district and who has not submitted a qualified nominating petition by the filing deadline.

"Voter" means a person who submits a ballot in a conservation district election.

"Withdrawal of candidacy" and "to withdraw" means a written notice, signed and dated by the candidate, and delivered to the conservation district, stating the person's desire to be removed from consideration for the office of conservation district supervisor.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-110, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-110, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-130 Documents provided to conservation commission to be copies.

(1) All election forms and documents submitted to the conservation commission must be copies. Original documents must remain in the care and custody of the conservation district.

(2) The conservation commission may inspect original documents upon request.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-130, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-140 Records retention.

(1) Unissued or undeliverable ballots must be retained for ten days after the election is certified and the official results announced, and then may be destroyed.

(2) All ballots submitted by voters, and all candidate filing records (including candidate information, verification of eligibility, and withdrawals of candidacy), must be retained for twelve months after the election is certified and the official results announced, and then may be destroyed.

(3) The conservation commission shall abide by the records retention schedule as set out for conservation district elections in the local government common records retention schedule (CORE), as established by the office of the secretary of state, Washington state archives, and its own records retention policy.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-140, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-140, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-150 Conservation district must remain impartial.

No conservation district supervisors, municipal officers or employees may adopt or state an official position about any candidate that promotes, or is prejudicial to, a candidate.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-150, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-160 Legal boundaries of conservation district to be available.

The election supervisor and polling officer(s) must be able to produce the legal boundary of the conservation district to any person at a physical poll site or at the conservation district office.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-160, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-170 Only one ballot per voter may be counted.

In the event more than one ballot is submitted by a voter, the first ballot tallied is the only vote counted. Any subsequent ballots from the same voter will be disqualified and must not be counted.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-170, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-180 Disruptive acts prohibited.

(1) Behavior at the physical polling site that disrupts or interferes with the election of conservation district supervisors is prohibited.

(2) A conservation district supervisor, polling officer, or election supervisor may require disruptive persons to leave a physical poll-site election. Such disruptive persons must remain at least three hundred feet away from the polling place or facility where official election functions are being performed.

(3) A conservation district supervisor, polling officer, or election supervisor may enlist the aid of law enforcement personnel to assist in identifying disruptive persons and preventing such persons from disrupting or interfering with any election processes at the physical polling site.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-180, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-180, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-200 Conservation district must hold election.

A conservation district must hold an election during January, February, or March in the year a three-year term of an elected supervisor expires.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-200, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-200, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-210 Conservation district must adopt election resolution.

(1) Each year the conservation district board shall adopt a resolution establishing the election.

(2) The election resolution adopted by the conservation district supervisors must include the following information:

(a) The name of the conservation district;

(b) For a poll site election, the date(s), the physical location(s), and the times polls will open and close for each polling place;

(d) A list showing the name of each elected and appointed conservation district supervisor with a term expiring in the election and appointment cycle covered by the resolution;

(e) The filing deadline for candidates as set out in WAC 135-110-330;

(f) Identification of an individual appointed by the conservation district to fulfill the duties of election supervisor;

(g) The dated signature of at least one conservation district supervisor attesting to this information; and

(h) A reasonable deadline for voters to request a ballot.

(3) This information must be provided to the conservation commission by the candidate filing deadline.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-210, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-210, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-220 Due notice required before and after election resolution.

(1) Not later than seven days following the conservation district's adoption of the election resolution, due notice containing all election information in the resolution must be published, using the filing deadline as the date for determining compliance with due notice requirements.

(2) If a conservation district adopts a standing resolution establishing a repeating annual election schedule, due notice of expiring terms and the filing deadline must be provided to constituents, using the filing deadline as the date for determining compliance with due notice requirements.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-220, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-220, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-230 Conservation district appoints election supervisor.

(1) The conservation district supervisors must appoint a person or firm as the election supervisor.

(2) The election supervisor:

(a) Serves as the primary point of contact between the conservation district and the conservation commission for the conservation district election;

(b) Organizes, coordinates, and facilitates election-related activities of the conservation district;

(d) Assures that required information is properly transmitted to the conservation commission; and

(e) Shall be trained in election policy and procedure as per conservation commission requirements.

(3) Conservation district supervisors remain responsible for conducting an election in compliance with this section.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-230, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-230, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-240 Election may be on-site, remote, or both.

(1) The conservation district supervisors must choose the method of the election using physical poll sites, or by remote methods, or by any combination of these methods that assures fair treatment of candidates and voters, provides privacy in voting, and complies with all other parts of this rule.

(2) Every physical poll site must be open for at least four consecutive hours at a time convenient for voters, and every physical poll site must have at least two polling officers present during the hours the polls are open.

(3) Ballots submitted by mail must be postmarked no later than the day of the election, or the last day if multiple election days. Ballots submitted by physical delivery must be received at the district office by the announced final polling time of the day of election, or the last day if multiple election days. Remote ballots transmitted by any other means must be transmitted by the last day of election.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-240, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-240, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-250 Voting must be accessible.

Disabled voters must be offered a voting method accessible to them.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-250, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-300 Every candidate must be a qualified district elector.

A candidate for election to the office of conservation district supervisor must be a qualified district elector at the time of filing.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-300, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-310 Some candidates must be landowners or farm operators.

RCW 89.08.160 requires two of the three elected supervisors to be landowners or operators of a farm. If the election of a candidate would cause a conservation district board of supervisors to contain fewer than two elected supervisors who are landowners or farm operators, the candidate is not eligible to be elected.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-310, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-320 Submission of candidate information required to be elected.

(1) Information to be submitted to the conservation district by a person seeking to be a candidate for election must include:

(a) The name of the conservation district;

(b) The person's name, residential address, mailing address (if different), and phone number;

(d) Whether the person resides inside the conservation district boundary;

(e) Whether the person is a landowner or an operator of a farm; and

(f) The dated signature of the person attesting to the accuracy of the information so provided.

(2) For purposes of this section, an electronic signature contained in an electronic submittal of the candidate information is acceptable.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-320, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-320, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-330 Filing deadline.

The filing deadline for candidates is set by the district board and shall be, at a minimum, not less than four weeks before election day.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-330, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-330, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-350 Types of candidacy.

(1) A declared candidate is a qualified district elector who has submitted candidate required information to the conservation district by the filing deadline.

(2) A write-in candidate is a person who has not submitted candidate required information to the conservation district by the filing deadline.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-350, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-350, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-355 Election supervisor must verify candidate eligibility.

(1) The election supervisor must verify the eligibility of each person who submits candidate information required by WAC 135-110-320. The election supervisor may call upon the county auditor or the conservation commission for assistance in verifying eligibility.

(2) For a candidate to be eligible, the election supervisor must make a determination that:

(a) The name of the person who filed candidate information is the correct legal name of the individual;

(b) That the person submitted candidate information by the filing deadline;

(d) That at least two of the three elected conservation district supervisors on the conservation district board of supervisors will be landowners or operators of farms if the person is elected.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-355, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-355, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-360 A write-in candidate may be elected if no eligible person files.

(1) If the election supervisor finds ineligible all persons who filed, then only write-in candidates may be elected.

(2) The write-in candidate, deemed the unofficial winner, must submit required candidate information to the conservation district within twenty-eight calendar days following the first date of election, and the election supervisor must verify the eligibility of the unofficial winner to be elected and to serve.

(3) If the conservation district is unable to verify eligibility of the unofficial winner within twenty-eight calendar days of the election, the unofficial winner is disqualified. The person receiving the next highest vote count must then submit required candidate information and the conservation district must verify his or her eligibility as described above.

(4) If the write-in candidate who is the unofficial winner is found ineligible and no other persons received votes, the provisions of WAC 135-110-740 shall apply.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-360, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-360, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-380 Candidate may withdraw candidacy in writing.

(1) Before election day, a candidate may withdraw his or her candidacy by submitting a written request to the conservation district.

(2) A person who withdraws his or her candidacy is not eligible to be elected in the current election.

(3) If a person withdraws his or her candidacy, the conservation district is not required to revise official ballots.

(4) In the event that some, but not all candidates withdraw, the unofficial winner of the election will be the remaining eligible candidate receiving the highest vote count after all the votes are tallied for each candidate, including those candidates who have withdrawn but remain on the ballot as per subsection (3) of this section.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-380, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-380, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-385 Effect of votes cast for withdrawn, deceased, or ineligible candidate.

(1) If the name of a deceased, withdrawn, or ineligible candidate appears on the ballot under this chapter, the votes cast for the candidate shall be counted and entered on the official election returns in the same manner as for the other candidates.

(2) If the deceased, withdrawn, or ineligible candidate receives the vote required for election, the resulting vacancy shall be filled in the regular manner.

(3) If the deceased, withdrawn, or ineligible candidate and another candidate tie for the most votes in an election in which a plurality vote is sufficient for election, the other candidate is considered to be elected. If more than one other candidate is tied with the deceased, withdrawn, or ineligible candidate, the winner of the election shall be determined by resolving the tie between the other candidates in the regular manner for resolving a tie vote in the election as set out in WAC 135-110-730.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-385, filed 9/21/20, effective 10/22/20.

Wash. Admin. Code § 135-110-400 Conservation district to obtain list of registered voters.

By the first election day, the conservation district must obtain a current list of registered voters from the county auditor for all territory within the conservation district boundary.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-400, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-410 Conservation district must set deadline for requesting ballots be mailed or sent.

To provide sufficient time for voters to obtain and return ballots to the conservation district, the conservation district must set a reasonable deadline for voters to request a ballot be sent or mailed to them.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-410, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-410, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-420 Conservation district must not use certain lists.

If a conservation district provides unrequested ballots to a population that is less than all the eligible voters within the conservation district boundary, the conservation district must not use lists obtained from an individual conservation district supervisor or employee, nor from any candidate, nor from any trade, company, church, union, fraternal or other organization.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-420, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-430 Conservation district may publish candidate-provided optional information.

(1) To assist voters in the selection of a candidate during voting, a conservation district may publish candidate optional information provided by candidates.

(2) If a conservation district chooses to publish information about candidates, it must provide equal opportunity for publication and equivalent space to each candidate.

(3) Candidate information provided by candidates and published by the conservation district may be mailed or delivered to voters before election day, but may not be provided to voters at poll sites on election day.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-430, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-430, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-440 Employees and municipal officers of district must not be polling officers.

A conservation district supervisor, employee, intern or municipal officer may not serve as a polling officer in the conservation district election, unless the person is the election supervisor appointed by the conservation district supervisors. Conservation commission employees cannot serve as polling officers.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-440, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-440, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-450 Polling officers monitor poll-site activities.

(1) During a poll-site election, polling officers must monitor the voting place for compliance with this section, and also serve as guardians of all issued and unissued ballots, under the supervision and direction of the election supervisor.

(2) If the election supervisor is present, the election supervisor may also perform these functions as described in WAC 135-110-470.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-450, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-460 Polling officers verify voters, issue ballots and count votes.

(1) A polling officer must verify a voter is a qualified district elector before issuing a ballot to the voter. If a polling officer cannot verify a voter is a qualified district elector before a ballot is issued, a provisional ballot shall be issued to the voter.

(2) At a poll-site election, at least two polling officers must be present and in control of the ballot box(es) at all times while the polls are open.

(3) At a poll-site election, a provisional ballot must be issued if the voter's eligibility to vote cannot be determined during polling. A voter whose eligibility cannot be determined may only vote on a provisional ballot.

(4) Polling officers count votes cast by voters.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-460, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-460, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-500 Conservation district must create official ballot.

(1) A conservation district must create a ballot and provide a ballot to each person who requests a ballot to vote in the conservation district election.

(2) The official ballot must:

(a) List the name of each candidate the conservation district has verified as eligible;

(b) List names on the ballot in alphabetical order by last name, from top to bottom, with an empty checkbox or blank space next to each candidate's name; and

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-500, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-500, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-520 Ballots must be provided on request.

(1) Ballots must be provided to eligible voters upon request, and voters need not provide proof of any special condition to obtain a ballot.

(2) Ballots may be returned to the conservation district by mail, by personal delivery, or by electronic means previously approved by the election supervisor.

(3) Ballot may be provided electronically if a suitable means of determining voter eligibility and preventing voter fraud are utilized.

(4) At a poll-site election, a provisional ballot shall be provided to any individual wishing to vote when the individual cannot be verified as eligible to vote prior to the issuance of a ballot.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-520, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-520, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-550 Poll lists must be used.

(1) In every conservation district election, the conservation district must create a record of who has submitted a ballot and whether the person was found eligible or ineligible to vote.

(2) Each poll list must contain:

(a) The name of the conservation district;

(b) Whether the poll list is for a poll-site or mail-in election, and if a poll-site election, the location of the poll site and the date of polling must be specified;

(3) For poll lists at poll sites, each voter must provide:

(a) His or her name, sufficient to allow identification in the voter registration list;

(b) An address sufficient to allow identification in the voter registration list; and

(4) For poll lists in mail-in elections, the name and address of the voter must be recorded.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-550, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-560 Ballot security.

Ballots cast must use a double-envelope paper balloting system, in which:

(1) The voter places the completed ballot inside the inner envelope;

(2) The inner envelope is sealed to prevent tampering;

(3) No personally identifying marks are to be placed on the inner envelope;

(4) The inner envelope containing the completed ballot is placed in the outer envelope;

(5) The voter provides sufficient identifying information on, or inserted into, the outer envelope to allow polling officers to verify the eligibility of the voter;

(6) For electronic voting, the functional equivalent of a paper ballot shall be used to assure security; and

(7) The provisions listed above shall not apply to a ballot cast during a poll-site election by an individual that has been verified to be eligible to vote in the election.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-560, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-560, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-570 Election supervisor safeguards ballots.

Ballots cast are to be received and safeguarded by the election supervisor.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-570, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-570, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-580 Poll sites must be accessible.

Every poll site shall be accessible, as described in RCW 29A.40.160(5).

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-580, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-580, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-600 Electioneering prohibited at poll sites.

(1) On election day, information provided by candidates may not be provided to voters within three hundred feet of the poll site.

(2) Candidate required information shall not be publicly posted at the poll site or poll sites.

(3) Candidate optional information shall not be publicly posted at the poll site or poll sites.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-600, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-600, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-610 Voter eligibility shall be verified before a ballot is counted.

Every ballot must be verified as being cast by or returned by a qualified district elector before the ballot is counted.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-610, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-610, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-620 Conservation district must provide polling officers at each poll site.

The conservation district must provide at least two polling officers at each poll site, except the election supervisor or their designee may substitute for one polling officer at one poll site.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-620, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-620, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-630 Each poll site must have ballot box and signage.

(1) Each poll site must have at least one ballot box.

(2) Each poll site must be conspicuously identified to voters as the place to vote.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-630, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-640 Conservation district must assure privacy in voting.

(1) The ballot choice made by a voter must not be seen by any other person during the act of voting or the placing of the ballot in the ballot box, except in circumstances necessary to allow a disabled voter to cast their ballot, as set out in WAC 135-110-250.

(2) Paper ballots must be placed into ballot boxes. Electronic ballots must assure at least the same level of security and privacy as provided by paper balloting.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-640, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-640, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-650 Polls to close at published time but may be extended.

(1) The polls must be closed at the published time, unless the election supervisor extends the time polls are open, if needed, to accommodate voters.

(2) Persons waiting in line at a poll site when the polls are scheduled to be closed must be allowed to check in and vote.

(3) Poll times may not be less than advertised.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-650, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-650, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-700 Opening ballots.

(1) Only polling officers and the election supervisor may open and count ballots.

(2) Ballots must be verified as having been submitted by a qualified district elector before the outer envelope is opened, and upon verification, the outer envelope must be opened and set aside, and the inner envelope placed into the ballot box.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-700, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-700, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-710 Polling officers to retain custody of ballots until counted.

Ballots cast in a poll-site election shall remain in the custody and control of polling officers until all ballots have been counted and properly tallied.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-710, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-710, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-720 Polling officers may announce unofficial results.

(1) Polling officers may announce the unofficial results of the election, subject to certification and official announcement by the conservation commission.

(2) The unofficial winner is known as the supervisor-elect and may not be seated until after the conservation commission certifies the election and announces the official winner.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-720, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-730 Tie in unofficial election results.

(1) In the case of two or more candidates receiving the most votes, and each receives an equal number of votes, polling officers must recount the ballots, as directed by the election supervisor.

(2) If a tie is verified by the recount, the winner of the election must be determined by drawing of names as provided under RCW 29A.60.221 to ensure the drawing is equitable to all affected candidates.

(a) If no more than two candidates are tied, a coin toss may be used in lieu of drawing names to determine the unofficial winner.

(b) A representative of the conservation commission must be present for any drawing of names or coin toss.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-730, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-730, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-740 When no eligible candidate is elected.

When no eligible candidate is elected, the position is deemed vacant and the conservation district may appoint an eligible successor, as per the provisions of WAC 135-110-970, following the official announcement by the conservation commission.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-740, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-740, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-750 Ballot results must be reported.

(1) The results of balloting must be reported to the conservation commission within fourteen days of the election, unless, after consultation with the conservation commission, the election supervisor determines more time is needed.

(2) Ballot results must be reported separately for each poll site, for each mail-in or remote election, and for all ballots. If the same poll site is open on more than one day, separate reports for each day are required.

(3) Information provided about the election must include:

(a) The name of the conservation district; and

(b) Whether the report is for a specific poll site or for a mail-in election, and if for a poll site, the location of the poll site and the date of polling must be specified.

(4) Information provided about candidates must include:

(a) The name of each candidate; and

(b) For each candidate, the number of eligible votes counted and the total number of votes cast for the person.

(5) The total number of ballots invalidated must be reported.

(6) The conservation district must identify the unofficial winner.

(7) The ballot results report must be signed and dated by the polling officers who counted the ballots. If the election supervisor participated in counting ballots, the election supervisor must also sign the report.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-750, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-750, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-760 Conservation commission canvasses returns, determines compliance, announces winners.

(1) The conservation commission must canvass the returns of conservation district elections to verify election results and to determine if the election was properly conducted according to the requirements in these procedures.

(2) The conservation commission must announce the official election results for each conservation district election the conservation commission has certified as being substantially in compliance with this rule. The conservation commission may decline to announce the official results of elections found not to be substantially in compliance with this rule.

(3) Action at any other time will be for short terms of office or for any other reason that the conservation commission deems such later action to be necessary.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-760, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-760, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-770 Elections are final when certified and announced.

(1) Elections are final when certified by the conservation commission and the official results are announced by the conservation commission in May of each year or later as deemed necessary.

(2) A candidate may not perform the duties of a conservation district supervisor before the third Thursday in May and until the conservation commission has announced that person as the official winner of a conservation district election, unless the person is an incumbent conservation district supervisor.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-770, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-780 Declaration voiding an election.

The office held by a conservation district supervisor is vacant upon the decision of a court of competent jurisdiction declaring his or her election to be void.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-780, filed 9/21/20, effective 10/22/20.

Wash. Admin. Code § 135-110-790 Procedure for contesting elections.

(1) Written complaints regarding conservation district elections shall be received by the commission using an online form no later than April 30th.

(2) Complaints will be forwarded to the executive director of the conservation commission.

(3) The executive director will notify the chair and vice chair of the conservation commission, the chair of the affected conservation district, the election supervisor of the affected conservation district, conservation commission staff assigned to that conservation district, and the commission's elections officer that a complaint has been filed with the conservation commission.

(4) The executive director will inform the chair and vice chair of the conservation commission of the estimated length of the investigation, and will provide updates on the status of the investigation, as needed.

(a) The conservation commission's elections officer will investigate the complaint. The investigation shall include personal interviews with the person filing the complaint, the conservation district board, appropriate conservation district staff, polling officer, and members of the public, as appropriate and necessary.

(b) When the investigation is completed, the conservation commission's elections officer shall make a written report to the executive director of the results of the investigation.

(5) The executive director shall review the report of the investigation and make a determination that:

(a) The complaint does not rise to the level of significant noncompliance with election procedure sufficient to warrant the noncertification of the election, as per WAC 135-110-795; or

(b) The complaint does rise to the level of significant noncompliance with election procedure sufficient to warrant the noncertification of the election, as per WAC 135-110-795.

(6) If the executive director determines that:

(a) The complaint does not rise to the level of significant noncompliance with election procedure sufficient to warrant the noncertification of the election, the executive director may recommend that the election be certified and announced by the conservation commission.

(b) The complaint does rise to the level of significant noncompliance with election procedure sufficient to warrant the noncertification of the election, the executive director may recommend that the election not be certified and announced, and request that the conservation district hold another election as per the procedure in WAC 135-110-780.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-790, filed 9/21/20, effective 10/22/20.

Wash. Admin. Code § 135-110-795 Compliance.

(1) The conservation commission shall make a determination of significant noncompliance when parties act in variance of this section.

(2) The conservation commission may decline to certify an election found in significant noncompliance. If the conservation commission certifies an election found to be in significant noncompliance, the conservation commission shall provide written rationale.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-795, filed 9/21/20, effective 10/22/20.

Wash. Admin. Code § 135-110-800 Emergency relocation or rescheduling of election.

(1) A conservation district may change the date(s) or location(s) or times for poll sites only in an emergency.

(2) The election supervisor may declare an emergency when adverse conditions may negatively affect the health or safety of voters or the timely return of absentee ballots. Such conditions may include, but are not limited to:

(a) Weather conditions;

(b) Damage to roads, buildings, or other infrastructure;

(d) Fire and smoke;

(e) Volcanic eruption, earthquake, landslides, mudflows, and floods; or

(f) Disruptions in information network infrastructure.

(3) When an emergency is so declared, the election supervisor should make reasonable efforts to inform all conservation district supervisors, candidates listed on the ballot, and the conservation commission.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-800, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-800, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-810 Signage and notice required.

(1) When a polling site is changed in response to an emergency, signage sufficient to notify potential voters must be provided to redirect voters to the new polling site(s). Poll times should be extended to allow for additional travel time to the relocated polls.

(2) When the election date or location is changed in response to an emergency, due notice should be given to the public of the change. If due notice is not possible, the conservation district must take reasonable measures to inform the public of the change. Such measures may include, but are not limited to: Announcements on local radio or television; posting on web pages; announcements in newspapers; and posting of handbills or flyers.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-810, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-900 Only vacant offices may be filled.

The office of conservation district supervisor may not be filled by election or appointment unless the term of office has expired, or the position has been immediately vacated as described in this section, or the conservation commission has declared the position vacant.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-900, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-910 Supervisors must be eligible to serve.

(1) A conservation district supervisor must be eligible to serve in the office of conservation district supervisor throughout the term of office.

(2) If an incumbent no longer meets the minimum eligibility requirements to serve as a conservation district supervisor, the office is deemed vacant.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-910, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-920 Resignation from office.

(1) A conservation district supervisor may resign from public office at any time, and for any reason.

(2) Resignations must be made in writing to the conservation commission or to the conservation district.

(3) Resignations are effective on the earliest date received, unless the incumbent has specified a future date for the resignation to become effective.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-920, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-920, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-930 Ceasing to be a registered voter.

(1) The office held by an elected conservation district supervisor is immediately vacant upon that supervisor no longer meeting the definition of a qualified district elector.

(2) The office held by an appointed conservation district supervisor is immediately vacant upon that supervisor no longer being a registered voter in the state of Washington.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-930, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-940 Death of the supervisor.

The office held by a conservation district supervisor is immediately vacant upon the death of the supervisor.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-940, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-960 Removal from office.

(1) As provided in RCW 89.08.200, a conservation district supervisor may be removed from office by the conservation commission governing board upon notice and hearing for neglect of duty or malfeasance.

(2) The conservation commission must provide notice to the supervisor detailing the specific elements of the neglect of duty or malfeasance for which removal is sought. The supervisor shall be given the opportunity to respond in writing to the elements contained in the notice within thirty days of the notice to the supervisor from the conservation commission. Notice to the supervisor from the conservation commission shall be by certified mailing to the address of record for that supervisor.

(3) The conservation commission must hold at least one public hearing no earlier than sixty days from the date of certified mailing to the supervisor in the area served by the conservation district supervisor before acting to remove the incumbent from office.

(4) Following the public hearing, the conservation commission shall vote on the removal of the supervisor based on official findings of fact detailing the cause or causes of removal.

History

Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-960, filed 10/19/10, effective 11/19/10.

Wash. Admin. Code § 135-110-970 Replacement of elected supervisors.

A vacancy in the office of elected conservation district supervisor is filled by the conservation district board of supervisors after consultation with the conservation commission, for the remainder of the unexpired term, subject to the verification of supervisor qualifications by the conservation district and notification to the conservation commission. Due notice to the affected community shall be required.

(1) The application process shall require, at a minimum, that the board of supervisors pass a resolution:

(a) Acknowledging that the office is vacant;

(b) The dates of the four-week period for applicants to apply; and

(2) The resolution shall then be advertised to the public at least one week prior to the commencing of the four-week period, and in the same manner as the due notice of an election resolution.

History

Statutory Authority: RCW 89.08.040, 89.08.160, 89.08.190, and 89.08.200. WSR 20-19-122, § 135-110-970, filed 9/21/20, effective 10/22/20. Statutory Authority: RCW 89.08.040, 89.08.190, and 89.08.200. WSR 10-21-084, § 135-110-970, filed 10/19/10, effective 11/19/10.